Memorandum of Criminal MiscellaneousPetition
(Old Under Section 482 of Cr.P.C.)
(New Under Section 528 of BNSS)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
I.A.No. 2025
In
Crl.R.C.No. 657 of 2025
Between:
Thenneti China Babu, S/o Nageswara Rao,
Aged about 45 years, residing at D.No. 2-4,
Navya Shoe Mart, Rama Lakshmi Complex,
Opposite to Ramabhadra Complex, R.P. Road,
Tanuku Town and Mandal.
…Petitioner/Accused
And
1. Kasagani Nagaraju, S/o Ramarao,
Aged about 46 years, residing at old town,
Tanuku Municipality, Tanuku Mandal.
2. The State of Andhra Pradesh
Rep by its Public Prosecutor,
High Court of Andhra Pradesh
…Respondents/Complainant
The address for the purpose of service of all notices and
process on the above-named Petitioner is that of his counsel Sri
T.Diwakar Reddy(22913), Sri Challa Krupavanth (7856) Advocates,
residing at D.No. 2-25, kothur ramalayam road, Tadepalli, Guntur-
522501.
1. It is humbly submitted that the above Memorandum of Criminal
Revision Case filed by the revision petitioner praying this Hon’ble
Court to set aside the judgment dated 22.05.2025 passed in
Crl.A.No. 268 of 2024 on the file of the Hon’ble IV Additional District
and Sessions Judge, Tanuku, in confirming the judgment dt.
27.11.2024 passed in C.C.No.358 of 2023 on the file of the Hon’ble
Special Magistrate, Tanuku. Further in the said Revision case an I.A
2/ 2025 is filed seeking direction to suspend the operation of the
Judgment dated 22.05.2025 passed in Crl.A.No. 268 of 2024 on the
file of the Hon’ble IV Additional District and Sessions Judge,
Tanuku, in confirming the judgment dt. 27.11.2024 passed in
C.C.No.358 of 2023 on the file of the Hon’ble Special Magistrate,
Tanuku. This Hon’ble court by order dated 30-06-2025 was pleased
to suspend the sentence imposed by the trial court pending disposal
of the Crl.RC, and further the petitioner/Accused is directed to
surrender before the learned Special Magistrate, Tanuku within a
period of two (2) weeks from today i.e.(30-06-2025) and on such
surrender the petitioner shall be enlarged on bail on his executing
personal bond for a sum of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties for a like sum each to the satisfaction of the learned
Special Magistrate, Tanuku and also on condition of his depositing
25% of the cheque amount within a period of eight (8) weeks from
today. Further in the event of failure to comply with any of the
aforesaid conditions, this order will not ensure to the benefit of the
petitioner.
2. The petitioner respectfully submitted that upon obtaining the
certified copy of the Hon’ble Court order, it was found that a
typographical error had occurred, wherein the court name was
mentioned as “V Special Magistrate, Visakhapatnam” instead of
Special Magistrate, Tanuku. The counsel for the petitioner
immediately brought this to the notice of the registry and the same
was rectified by this Hon’ble Court upon being mentioned. The
rectified order copy was dispatched on 10-07-2025. Unfortunately,
the petitioner fell ill due to viral fever and could not collect the order
copy on 10-07-2025. He was able to collect the rectified order copy
only on the evening of 12-07-2025. Since 13-07-2025 was a
Sunday, the petitioner went to surrender before the Learned Special
Magistrate, Tanuku on 14-07-2025. However, the learned Special
Magistrate, Tanuku was on leave that day, and the incharge
Magistrate was sitting at Bhimavaram, which is approximately 40
Kms from Tanuku. As it is difficult for the petitioner to travel such
distance due to his ill health, he could not able to reach on time to
the concerned incharge Magistrate court Bhimavaram. Due to which
the petitioner could not surrender before the Learned Special
Magistrate Tanuku with in two weeks as directed by the Hon’ble
Court. There is no willful default or negligence on part of the
petitioner in not surrendering before the Learned Special Magistrate
Tanuku within two weeks as directed by the Hon’ble Court. Under
these circumstances, unless this Hon’ble court come to the rescue
of the petitioner by extending the time granted for his surrender
before the Learned Special Magistrate Tanuku, he will be put to
much hardship and irreparable loss.
In view of the above circumstances, it is hereby prayed that
this Hon’ble court may be pleased to extend the time granted by
this Hon’ble court for his surrender before the Learned Special
Magistrate, Tanuku in the interest of justice and pass such other
order or orders as this Hon’ble court deems fit and proper in the
circumstances of the case.
Place: Tadepalli
Date : 17-07-2025 Counsel for the petitioner
HIGH COURT
I.A .No OF 2025
IN
Crl.RC. 657 OF 2025
WEST GODAVARI DISTRICT
Thenneti Chinna Babu
…Petitioner
By :
T.Diwakar Reddy (22913)
Challa Krupavanth
Advocates
Counsel for Petitioner
NATURE OF APPLICATION
( Old Under Section 482 of Cr.P.C.)
(New Under Section 528 of BNSS)
The Hon’ble court may be
pleased to extend the time granted
by this Hon’ble court for his surrender
before the Learned Special
Magistrate, Tanuku in the interest of
justice and pass such other order or
orders as this Hon’ble court deems fit
and proper in the circumstances of the
case.
PRESENTED ON :
REPRESENTED ON:
FILED ON :
WEST GODAVARI DISTRICT
IN THE HIGH COURT OF
ANDHRA PRADESH AT
AMARAVATHI
I.A No. OF 2025
IN
Crl.RC No. 657 OF 2025
EXTENSION PETITION
Filed by:
T. DIWAKAR REDDY(22913)
CHALLA KRUPAVANTH
ADVOCATES
Mob:9655483675
COUNSEL FOR PETITIONER
